'Sad State Of Affairs': Delhi High Court Seeks SOP For Cases Of Trainees Not Commissioned In IAF After Sustaining Injuries During Training

The Delhi High Court has recently directed the Union Government to produce the Standard Operating Procedure (SOP) or guidelines framed for dealing with cases of trainees who are injured during training and are not commissioned in the Indian Air Force (IAF).

A division bench comprising of Justice Rekha Palli and Justice Shailender Kaur were dealing with the case of a young woman trainee who had sustained injuries during her training at the Air Force Academy and was accordingly not commissioned in the IAF.

"The matter depicts a sad state of affairs, where the training of a young lady from a rural background in Haryana was not only terminated but she has been also left to take care of all present and future medical needs by offering to pay a meagre monthly ex-gratia payment," the bench said.

The woman, Nidhi Verma, had challenged the order passed by the authorities on March 01, 2012, terminating her training and cadetship in the Air Force Academy. This was after she suffered injuries while undergoing training. The plea was filed in 2013.

Verma was declared medically unfit for being commissioned in the Flying Branch and was offered a monthly ex-gratia payment for life, along with additional disability award. The amount was calculated to be around Rs.22,000 per month.

The plea sought a direction on the authorities to induct her in the Technical Branch or any other Ground Duty Branch.

The Court of Inquiry had concluded that the injury suffered by Verma was attributable to service and said that the system of training being imparted by senior cadets to junior cadets could lead to further injuries and should be stopped

The authorities took a stand that provision for medical assistance is available only for ex-service personnel and pensioners and since Verma had underwent training for only one year, she was not be entitled to any medical assistance even in the future.

Pulling up the authorities, the court found the said explanation to be "most unsatisfactory".

The bench said it was unable to comprehend as to how the Indian Air Force can shirk of its responsibility to render medical assistance to young persons like Verma, who suffer injuries during training and that too, in a case where it has been specifically recorded that injuries suffered by her were attributable to service.

It noted that the Court of Inquiry conducted to investigate the incident had clearly found that there were shortfalls in the training and recommendations were made to improve the training.

“At this stage, learned counsel for the respondents prays for time to place on record the applicable SOP/Guidelines framed for dealing with the cases of trainees who are injured during training and are consequently not commissioned in the Indian Air Force,” it said.

The matter will now be heard on August 20.

Title: NIDHI VERMA v. UNION OF INDIA AND ORS.

Click here to read order